FAGUWA MANDLA Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant named above being aggrieved by the judgment dated 31. 10. 2000 passed in Sessions Trial No. 48/2000, by Additional sessions Judge, Dindori convicting the appellant under Section 302 IPC sentencing him to undergo RI for life, has filed this appeal.

(2.) THE prosecution case in brief is that on 11. 12. 1999 when deceased Kapiabai was sitting at home, the accused came to her house with a belief that deceased was practicing witchcraft and was creating problems to him. The accused hit on the head the deceased by means of pestle which had some iron fitted on the other side, as a result of injury, Kapiabai died. The matter was reported to Kotwar and his son and thereafter it was reported to police. Police Munshi came to the village, removed the body and thereafter prepared certain Panchnamas and after collecting the postmortem report and recording the statements of the witnesses, the accused was put for trial. The learned trial Court convicted and sentenced the accused as referred to above, therefore, the appellant is before us.

(3.) LEARNED counsel for the appellant after taking us through the evidence, submitted that the learned Court below erred firstly in not discussing the evidence available on the record and recording findings in a slipshod manner and erred in holding in paragraph 13 and 14 that the accused made confession before the witnesses and the prosecution has proved its case.